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Citizenship after over staying
Posted: Wed Apr 08, 2020 10:02 pm
by Saadjaved0071
Hi. Hope everyone is staying safe and healthy. I have a question about my citizenship application. So be prepared to see a lot of dates in the following paragraph. I’ll be very thankful for any help.
I came to UK on a student visa which expired 30/10/2014. I stayed as advised by my previous lawyer as I was getting married on 10/11/2014. I then applied on 04/12/2014 for EEA spouse visa. I am still happily married with my (Polish) wife. Does the overstay in this case mean a rejection for naturalisation? I was granted 5 year residence permit as a spouse of an EEA citizen In April 2015. And applied for EEA settlement scheme and was granted settled status 28.04.2019.
So to make it easier my student visa expired on 30.10.14. I got married on 10.11.14. I applied for EEA spouse visa on 04.12.14. I was granted EEA family residence permit in 04.15. I was granted settled status on 28.04.2019.
Does this overstay effect my citizenship application. And will it mean permanent rejection or can I apply after 10 years.
Thank you very much.
Re: Citizenship after over staying
Posted: Thu Apr 09, 2020 2:48 am
by zimba
Yes it would.
Re: Citizenship after over staying
Posted: Thu Apr 09, 2020 6:31 am
by Saadjaved0071
Thank you for replying. Shall I wait for 10 years before applying then?
Re: Citizenship after over staying
Posted: Thu Apr 09, 2020 10:42 am
by London22
Saadjaved0071 wrote: ↑Wed Apr 08, 2020 10:02 pm
Hi. Hope everyone is staying safe and healthy. I have a question about my citizenship application. So be prepared to see a lot of dates in the following paragraph. I’ll be very thankful for any help.
I came to UK on a student visa which expired 30/10/2014. I stayed as advised by my previous lawyer as I was getting married on 10/11/2014. I then applied on 04/12/2014 for EEA spouse visa. I am still happily married with my (Polish) wife. Does the overstay in this case mean a rejection for naturalisation? I was granted 5 year residence permit as a spouse of an EEA citizen In April 2015. And applied for EEA settlement scheme and was granted settled status 28.04.2019.
So to make it easier my student visa expired on 30.10.14. I got married on 10.11.14. I applied for EEA spouse visa on 04.12.14. I was granted EEA family residence permit in 04.15. I was granted settled status on 28.04.2019.
Does this overstay effect my citizenship application. And will it mean permanent rejection or can I apply after 10 years.
Thank you very much.
You should apply &I think will get citizenship .Home office guidance clearly states if Overstaying is the only worst factor in the good character test then it can be ignored &discretion should be applied .In your case you haven't overstayed for illegal work but for marriage hence an option of applying discretion is wide.
Re: Citizenship after over staying
Posted: Thu Apr 09, 2020 10:58 am
by Djsuccess
Saadjaved0071 wrote: ↑Thu Apr 09, 2020 6:31 am
Thank you for replying. Shall I wait for 10 years before applying then?
You probably have to wait til 12/2024 or 04/2025 before applying
Re: Citizenship after over staying
Posted: Thu Apr 09, 2020 6:21 pm
by Saadjaved0071
Thanks for replying everyone. It’s unfortunate because my lawyer at the time misguided me. He told me that as long as I’m getting married to EU citizen who is practicing her treaty rights that is a good enough reason to over stay. Do you think 10 years is from the time I made the application or when I was granted the visa?
Re: Citizenship after over staying
Posted: Thu Apr 09, 2020 6:21 pm
by CR001
10 years from date of marriage to an EU citizen.
Citizenship application after driving ban
Posted: Tue Jun 30, 2020 12:54 am
by Saadjaved0071
Hi everyone. I received a driving ban 4 years ago for speeding. Never done again. Never did before. Will it effect my citizenship application? Thank you.
Re: Citizenship application after driving ban
Posted: Tue Jun 30, 2020 3:18 pm
by zimba
Saadjaved0071 wrote: ↑Tue Jun 30, 2020 12:54 am
Hi everyone. I received a driving ban 4 years ago for speeding. Never done again. Never did before. Will it effect my citizenship application? Thank you.
No effect as you will not be to apply for naturalisation until 2024
Re: Citizenship application after driving ban
Posted: Tue Jun 30, 2020 6:18 pm
by Saadjaved0071
Thank you so much. Just out of curiosity it would’ve effected if the ban was recent? Apologies if the question is irrelevant.
Re: Citizenship application after driving ban
Posted: Wed Jul 01, 2020 12:54 am
by zimba
Saadjaved0071 wrote: ↑Tue Jun 30, 2020 6:18 pm
Thank you so much. Just out of curiosity it would’ve effected if the ban was recent? Apologies if the question is irrelevant.
Yes it could have
Re: Citizenship application after driving ban
Posted: Wed Jul 01, 2020 10:47 pm
by Saadjaved0071
Thank you very much.